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Commerce (Law) > Commerce Year 10 Term 1 definitions > Flashcards

Commerce Year 10 Term 1 definitions Flashcards

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1
Q

Laws

A

A set of legal rules

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2
Q
  • Precedent
  • Jurisdiction
A
  • a previous legal decision that serves as a rule or pattern in future cases
  • the power to make legal decisions & judgements
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3
Q
  • Constitution
  • Referendum
A
  • a document that outlines the powers of the parliament
  • a vote where the entire electorate is invited to vote on a particular proposal
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4
Q
  • Double majority
  • Bill
A
  • a majority (more than half) of voters in at least four of the six states vote YES
  • A proposal for a new law or to change an existing law that is presented for debate before parliament
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5
Q
  • Public law
  • Administrative law
A
  • regulates people’s behaviour within society as a whole and protects the freedom of individuals
  • deals with decisions and powers of the government departments & allows courts to review and change the decisions of government if necessary
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6
Q
  • Constitutional law
  • Criminal law
A
  • deals with the rules by which a country is governed. Concerned with the powers & authority of parliament
  • to keep the community safe from harm, to provide an orderly society & a way of dealing with a crime when it occurs
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7
Q
  • Industrial law
  • Private law
A
  • concerned with the rights and obligations of employers. Deals with legal ways of resolving industrial disputes e.g. compensation
  • deals with how individuals interact with other individuals, as well as the rights & duties people, have towards each other
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8
Q
  • Property law
  • Family law
A
  • real property (land and building) and personal property (goods and services we purchase)
  • regulates family relationships. It set about the process of getting marries, relationship, custody
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9
Q
  • Civil law
  • Tort law
A
  • concerned with the duties individuals owe to other people or to their government. This excludes the responsibility not to commit a crime
  • deals with situations when one person infringes the rights of another, resulting in distress or injury
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10
Q
  • Contract law
  • Negligence
A
  • concerned with legal agreements between two or more people. If one party fails to carry out his or her side of the agreement then the person can be sued for breach of contract
  • where a person fails to take reasonable care and, as a result, injured another person
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11
Q
  • Defamation
  • Nuisance
A
  • where a person injuries another person’s reputation
  • where a person falls to take reasonable interference with another person’s right to quiet enjoyment of their property
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12
Q

Trespass

A

A person interferes with another person, or that person’s property rights

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13
Q
  • Plaintiff
  • Defendant
A
  • the party who brings a legal action or in whose name it is brought (who is being sued party)
  • the party in a criminal or civil trial against whom an effort has been brought
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14
Q

Crime

A

an action or omission which constitutes an offence and is punishable by law

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15
Q
  • Actus reus (wrongful act)
  • Mens rea (criminal intent)
A
  • to be a crime, an act is something done by a person voluntarily, that’s prohibited or unlawful
  • the state of mind is statutorily required to convict a particular defend os a particular crime
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16
Q
  • Summary offence
  • Indictable offence
A
  • a minor offence that is heard in the magistrate’s court or local court
  • More serious offence where the defendant has the right to trial the jury. Must be heard in district court or the Supreme court
17
Q

Suit

A

any filing of a complaint or petition asking for legal address by judicial action

18
Q

Adversarial system

A

system in which two opposing parties present their arguments to a magistrate or judge

19
Q
  • Judge

Magistrate

A
  • a court official who has the power to make decisions on matters brought before a court of law
  • a court official who hears cases in the lowest court
20
Q
  • Verdict
  • Unanimous verdict
  • Majority verdict
A
  • the decision that is given by the jury or judge at the end of a trial
  • a decision where all members of the jury agree that the accused is guilty of an offence
  • a verdict agreed by 11 jurors where the jury consists of 12 persons
21
Q
  • Barrister
  • Solicitor
A
  • an independent specialist advocate and advisor in law
  • a legal practitioner who has completes a law degree and holds a practising certificate
22
Q

Summons

A

a legal notice issued on someone to inform them that they are required to take part in a legal proceeding

23
Q

Perjury

A

the criminal offence of deliberately proving false information under oath about an important matter in a legal hearing

24
Q

Empanelling

A

to select a group of people for a jury by the electoral role

25
Q

Committal hearing

A

a hearing in a local court to decide whether there is enough evidence to put on a person on trial for serious offence

26
Q
  • Capital punishment
  • Remand
A
  • the practice of putting an offender to death as punishment for their crime
  • someone held in custody while waiting for their trial or sentencing
27
Q

Doli incapax

A

a child between the ages of 10-14 does not process mens rea or mental element of an offence

28
Q

Anarchy

A

Disorder or confusion due to the absence of government or laws

29
Q
  • Mediation
  • Conciliation
A
  • a third party helps those involved in a dispute to negotiate a solution
  • the mediator is usually more interventionist, offer their opinions and offers
30
Q

Restorative justice

A

a process where parties with a stake in a specific offence collectively resolve how to deal with the offence and implications for the future

31
Q

Community conferencing

A

a restorative justice process and means of rehabilitation

32
Q

Customary law

A

comprehensive system of governance in Aboriginal and Torres Strait Islander cultures e.g. ownerships

Commerce (Law) (1 decks)

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